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SECTION IX.B. Powers, Duties and Procedures
(Amended August 25, 1989)
The powers of the Board of Appeals shall include the following:
1. Appeals To hear and decide appeals and review any order, requirement, decision or determination made by the Select Board or other officer charged with the enforcement of this Bylaw. Such appeals may be taken to the Board of Appeals by any officer of a board of the Town, or by any person aggrieved by such order, requirements, decision or determination, following the procedure established under Chapter 40A of the General Laws as amended.
2. Special Permits To grant permits for exceptions as provided in this Bylaw and in Chapter 40A of the General Laws when it shall find, after a public hearing, that such exception shall be in harmony with the general purpose and intent of the Bylaw and that the use involved will not be injurious, noxious, offensive, or detrimental to the established or future character of the neighborhood and of the Town and subject to appropriate conditions or safeguards if deemed necessary. Upon receipt of a request for permit, the Board of Appeals shall notify the Planning Board, Conservation Commission, and the Board of Health of the request, and said boards shall respond to the Board of Appeals within thirty (30) days thereafter by written reports of their findings in respect of their specific fields of
responsibilities. If deemed necessary, said boards shall make on-site plan reviews and inspections.
3. Variances To hear and decide requests for a variance from the terms of the Bylaw where the Board of Appeals specifically finds that, owing to circumstances relating to the soil conditions, shape, or topography of such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the Bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaw. The Board may authorize a use or activity variance. Upon receipt of a request for a variance, the Board of Appeals shall notify the Conservation Commission,
Planning Board, and the Board of Health of the request, and said boards shall respond to the Board of Appeals within thirty (30) days thereafter by written reports of their findings in respect of their specific fields of responsibilities. If deemed necessary, said boards shall make on-site plan reviews and inspections.
Monterey Zoning Bylaws 2006 Edition. Not an official copy. Please contact the Town Clerk’s office for an official copy.
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